Appeal Bond in United Kingdom

Meaning of Appeal Bond

The following is an old definition of Appeal Bond [1]: An obligation, with sureties, given by an appellant in order to remove a cause by appeal, and conditioned for the payment of damages and costs if he fails to ” prosecute the appeal with effect,” see, in this resource, the term If the judgment is affirmed the sureties, propria vigore, become liable to the same extent as the principal for the damages and costs. In an appeal to a still higher court new sureties are, required. An appeal bond, or a bond in error, is a formal instrument required and governed by the law, and, by nearly a century’s use, has become a formula in legal proceedings, with a fixed and definite meaning. As the important right of appeal is greatly affected by it, it is not allowable, in practice, by a change in phraseology, to give it an effect contrary to what the statutes intend – as, in Federal practice, the acts of 1789 and 1803: R. S. §§ 1000, 1007, 1010, 1012. It would be against the policy of the law to suffer such deviations and irregularities. The rule followed in some States is a sound one, that if the condition of the bond substantially conforms to the requirements of the statutes it is suificient, though it contain variations of language; and that if further conditions be superadded the bond is not therefore invalid, so far as it is supported by the statute, but only as to the superadded conditions. Court of appeals. Any court ordained to review the final decrees of another court; in several States the tribunal of last resort. The highest court in Kentucky, Maryland, and New York. In Virginia and West Virginia it is known as the “supreme court of appeals;” in Delaware and New Jersey, as the ” court of errors and appeals ” In Texas the court is inferior to the supreme court. In England designates one of the two subdivisions of the supreme court of judicature as constituted by the acts of 1873 and 1875. See Error, 2 (2, 3), Court of. Writ of; Finai., 3; Paper, 5; Supersedeas. 3. In old English law an accusation by a private subject against another of a heinous crime, demanding punishment on account of the particular injury suffered, rather than for the offense against the public.Appellor: the accuser; appellee: the accused. Originated, probably, when a private pecuniary satisfaction, called weregild, was paid to the party injured or to his relatives to expiate enormous crimes. Abolished in 1819, after the case of Ashford v. Thornton. See Battel.

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Notes and References

1. Concept of Appeal Bond provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)